[Adopted 7-7-1981 by L.L. No. 5-1981; amended in its entirety 12-7-2010 by L.L. No.
11-2010 (Ch. 91, Art. I, of the 2003 Code)]
This article shall be known as the "Town of Thompson Dog Ordinance."
Any dog harbored within the Town of Thompson which is owned
by a resident of New York City or licensed by the City of New York,
or which is owned by a nonresident of New York State and licensed
by a jurisdiction outside the State of New York shall for a period
of 30 days be exempt from the licensing and identification provisions
of this article.
The owner of every animal which is at any time kept, brought
or comes into the Town will be held responsible for the strict observance
by such animal and with respect to such animal of all the rules and
regulations contained in this article at all times when such animal
is within the Town.
As used in this article, the following terms shall have the
meanings indicated:
ADOPTION
The delivery to any natural person 18 years of age or older
for the purpose of harboring a dog, seized or surrendered, from a
shelter.
AGRICULTURE AND MARKETS LAW
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of this article, as amended by
this article and as amended thereafter.
ANIMAL
Any male or female dogs, either singular or plural.
CLERK
The Town Clerk, or Deputy Town Clerk, of the Town of Thompson,
where licenses are to be validated or issued.
CONFINED
That such animal is securely confined or restrained or kept
on the owner's premises, either within a building, kennel or
other suitable enclosure or securely fastened on a chain, wire or
other effective tether of such length and so arranged that the animal
cannot reach or endanger any person on any adjacent premises or on
any public street, way or place, or, if the animal is being transported
by the owner, that it is securely confined in a crate or other container,
or so restrained in a vehicle that it cannot be expected to escape
therefrom.
DANGEROUS ANIMAL
Shall mean, designate and apply to any animal which, without
just cause, bites, attacks, chases or snaps at or otherwise threatens
to attack any person or attacks and wounds a dog or other domestic
animal or which displays any other fierce, vicious or dangerous propensities.
"Dangerous" does not include a police work dog, as defined in this
article.
DETECTION DOG
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
DOG
Any member of the species Canis familiaris.
DOG CONTROL OFFICER
Any individual appointed by the Town Board to assist in the
enforcement of this article and any person authorized from time to
time to enforce the provisions of the Agriculture and Markets Law
of the State of New York and provisions set forth in this article.
DOMESTIC ANIMAL
Any domesticated sheep, horse, cattle, fallow deer, red deer,
sika deer or whitetail deer which is raised under license from the
New York State DEC, llama, goat, swine, fowl, duck, goose, swan, turkey,
confined domestic hare or rabbit, pheasant or other bird which is
raised in confinement under license from the New York State DEC before
release from captivity, except that the varieties of fowl commonly
used for cockfights shall not be considered domestic animals for the
purposes of this article.
GEESE DOG
Any dog that is trained to aid the Animal/Dog Control Officer
in the control of geese within the boundaries of the Town.
GUIDE DOG
Any dog that is trained to aid a person who is blind and
is actually used for such purpose, or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred.
HARBOR
To provide food or shelter to any dog.
HEARING DOG
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose, or any dog owned by a recognized
training center located within the State of New York during the period
such dog is being trained or bred for such training.
IDENTIFICATION TAG
A tag which sets forth an identification number, as required
by the provisions set forth in this article.
OWNER
Any person who harbors or keeps any dog, cat or other animal.
OWNER OF RECORD
The person in whose name a dog was last licensed pursuant
to this article.
PERSON WITH DISABILITY
Any person with a disability, as that term is defined in
Subdivision 21 of § 292 of the New York State Executive
Law.
POLICE WORK DOG
Any dog owned or harbored by any municipal police department
or any state or federal law enforcement agency which has been trained
to aid law enforcement officers and is actually being used for police
work purposes.
PUBLIC NUISANCE
As applied to an animal, shall describe, designate or apply
to:
A.
Any dog which, by its frequent barking, howling, whining or
other disturbing noise, unreasonably disturbs the comfort and/or repose
of any person or persons so as to injure health or interfere with
sleep.
B.
Every animal which habitually chases any persons or bicycles,
automobiles or other vehicles upon any public highway or in any such
public place.
C.
Every animal which is a dangerous animal as defined in the above
definition of "dangerous," and every such animal is hereby declared
to be a public nuisance.
D.
Every animal which creates a health hazard.
RECREATIONAL AREA
Any real property owned by the Town of Thompson which is
used for recreational purposes by the public, including but not limited
to parks or playgrounds.
RUN AT LARGE
To be in a public place or on private lands without the knowledge,
consent and approval of the owner of such lands.
SERVICE DOG
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative. "Service dog" shall
also refer to dogs defined herein as a detection dog, geese dog, guide
dog, hearing dog, police work dog, therapy dog, and working search
dog.
THERAPY DOG
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose, or any dog owned
by a recognized training center located within the State of New York
during the period such dog is being trained or bred for such purpose.
TOWN
The Town of Thompson, including incorporated areas.
WAR DOG
Any dog which has been honorably discharged from the United
States Armed Services.
WORKING SEARCH DOG
Any dog that is trained to aid in the search for missing
persons and is actually used for such purposes; provided, however,
that such services provided by said dog shall be performed without
charge or fee.
This article shall be enforced by the Dog Control Officer of the Town of Thompson, as defined in §
124-5 of this article.
The Town of Thompson does not allow the licensing of dogs by
a shelter, including pounds, SPCAs, humane societies and animal protective
associations. The shelter including all of the above must notify the
adoptive owners of their responsibility to license any dog who will
be living within New York State with their respective town, city or
village clerk within 30 days of adoption. The shelter including all
of the above must provide the Town of Thompson with a list of adoptive
owners monthly for any dog being adopted out without a valid license.
As set forth in § 115 of the Agriculture and Markets
Law of the State of New York, the Town of Thompson does not have to
expend an amount of money greater than received under our local dog
licensing/dog control law/ordinance for dog control and dog shelter
services.
Any person found to be in violation of §
124-15 of this article shall be deemed guilty of a violation and shall be liable to a fine of not less than $50 nor more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment.
It shall be unlawful within the Town of Thompson for any owner
of any dog to permit or allow said dog:
A. To run at large off the owner's property unless the dog is accompanied
by its owner or a responsible person, either of whom must be able
to control such dog by command and with knowledge, consent and approval
of the owner of such premises.
(1) A dog present in a public place or on private lands without the knowledge,
consent and approval of the owner of such private lands shall be considered
running at large, unless restrained by an adequate leash.
(2) Dogs used for hunting, trailing, training, or tracking, police work
dogs, service dogs, or working search dogs when actually used for
these purposes and not restrained by a leash shall not be considered
running at large.
B. To habitually chase, run alongside, or bark at moving motor vehicles.
C. To uproot, dig, or otherwise damage vegetables, lawns, flowers, gardens
or other property not belonging to the owner of such dog.
D. To chase, jump upon or at, or otherwise harass any person (other
than the owner) in such a manner as to reasonably cause intimidation
or fear, or put such person in a position of reasonable apprehension
of bodily harm or injury, while off the owner's premises.
E. To create a nuisance by defecation, urination, or digging on property
not belonging to the owner of such dog.
(1) Removal of feces required. Any person owning or in charge of any
dog which soils, defiles on or commits any nuisance on any property,
without the permission of the owner of the property, shall immediately
remove all feces by such dog in a sanitary manner, including excess
feces on the owner's property.
(2) Disposal of feces. The feces removed from the aforementioned areas
shall be disposed of by the person owning or in charge of any such
dog in a sealed, nonabsorbent, leakproof container.
(3) Exception to guide dogs. The provisions of this subsection shall
not apply to blind persons who may use dogs as guides and police work
dogs in use of police work.
F. To allow a female dog to be off the owner's premises when in
heat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person found to be in violation of §
124-18 of this article shall, upon conviction, be deemed guilty of a violation and shall be liable to a fine of not less than $50 nor more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment, except violations of §
124-18E(1) shall be subject to a fine of not less than $25 nor more than $50.
A. Repeat violations of this section shall be punishable as follows:
(1) Where a person has previously been found guilty of this section [excluding §
124-18E(1)] within the preceding five years, the fine shall be not less than $150 nor more than $250; and
(2) Where a person has been found guilty of two or more such violations of this section [excluding §
124-18E(1)] within the preceding five years, it shall be punishable by a fine of not less than $250 nor more than $500.
If any impounded dog is not redeemed or a trial demanded within
the time herein as set forth, the owner shall forfeit ownership of
the dog, and it may thereafter be destroyed or otherwise provided
for by the appropriate official as hereinafter provided.
A. In the event that it becomes necessary to destroy a dog, the Dog
Control Officer or any law enforcement officer shall arrange, through
the shelter contracted by the Town, to humanely destroy the dog and
dispose of the carcass. Any Dog Control Officer who destroys a dog
must make a report in writing to the Town Clerk, and such report shall
be filed for one year.
B. The owner, possessor or harborer of any dog destroyed under the provisions
of this article shall not be entitled to any compensation and no action
shall be maintained thereafter to recover the value of the animal
or any other type of damage whatsoever.
All money and penalties collected for violation of Article 7
of the Agriculture and Markets Law of the State of New York and all
of the money and penalties collected for violation of the Town of
Thompson local law/ordinance shall remain the property of the Town
of Thompson as stipulated in § 119 of the Agriculture and
Markets Law. The money can only be used for dog control purposes,
funding low-cost spay/neuter programs and subsidizing humane education
programs.
It shall be unlawful for any dog determined to be dangerous
to be at large within the Town of Thompson at any time, even though
such animal is licensed, muzzled and effectively immunized against
rabies. A dangerous dog which is found at large may be taken and impounded.
If any dangerous, fierce or vicious dog found at large cannot be safely
taken up and impounded, such dog may be summarily destroyed. Further
provisions for dangerous dogs are set forth pursuant to § 123
of Article 7 of the Agriculture and Markets Law of the State of New
York.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall be confined in its operation to the
clause, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
This article is enacted pursuant to the provisions of §§ 122
and 124 of Article 7 of the Agriculture and Markets Law of the State
of New York.
This article shall take effect January 1, 2011.